Author: iqbaldaud3009

Introduction In Malaysia, it is often misunderstood that state authority’s consent is exclusively a requirement for leasehold properties. This oversimplification neglects to acknowledge that certain freehold properties may also necessitate such approval, particularly when express restrictions are imposed on the title of the property. This article aims to elucidate the…

Introduction In line with Malaysia’s commitment to enhance personal data protection and align with international standards, the recent passing of the Personal Data Protection (Amendment) Bill 2024 (“Amendment Bill”) marks a significant milestone. The Amendment Bill successfully passed through both chambers of the Malaysian Parliament—the Dewan Rakyat (House of Representatives)…

In tandem with Malaysia’s ambitious targets to promote electrified vehicles and expand the nation’s charging infrastructure, the installation of EV chargers has recently garnered significant attention. With a national goal of producing 15% electrified vehicle by 2030 and the installation of at least 10,000 public charging facilities by 2025, the…

What is Termination for Convenience Clause? Termination for convenience clause is relatively common in a construction contract in Malaysia. Generally, a termination for convenience clause allows a party to unilaterally terminate a contract without the default of the other party. In a construction contract, the right to terminate a contract…

1. What is franchise? Franchise is a type of business in which the franchisor grants a franchisee the right to operate a business in accordance to the franchise system for a term as determined by the franchisor. Despite the aforesaid, the franchisor continues to possess the right to administer control…

Alongside with the recent announcement made by the Ministry of Natural Resources, Environment, and Climate Change regarding the new Imbalance Cost Pass-Through (“ICPT”) mechanism on 23 June 2023, the Ministry has also introduced relaxations to the NEM and SelCo schemes to promote the installation of solar photovoltaic (“PV”) systems. The…

Joint Divorce Petition (Non-Islamic) in Malaysia For non-Muslim or civil marriages in Malaysia, the Law Reform (Marriage and Divorce) Act 1976 (“LRA”) applies and is enforceable under the civil law courts in Malaysia. The procedures of a civil divorce petition: 1. Preparation of divorce petition – The divorce petition may be prepared…

The procedures of a civil divorce petition: During the tabling of Budget 2023 on 24 February 2023, our Prime Minister, Datuk Seri Anwar Ibrahim announced that the government would amend the Insolvency Act 1967 (“IA 1967”) to enable bankrupts to be discharged. This move is expected to release 130,000 people…

From the Perspective of a Contractor: Is EPCC Contract Non-Negotiable? Typically, EPCC contract has always been perceived as a pro-employer contract due to the inequality in bargaining power. Employer undoubtedly possess a higher bargaining power compared to the contractor. Despite the above, does that mean the EPCC contract is non-negotiable?…

Introduced in 2016, NEM is a program initiated by the Ministry of Energy, Green Technology and Water (“KeTTHA”) to allow solar photovoltaic system owners to generate, use and export the net excess energy to the grid. The NEM scheme was further improved in 2019 by the Ministry of Energy, Science,…

In the construction industry, it is not unusual that the parties rely on a proposal or simple letter of award to engage in a construction work. Whilst it is not legally wrong to rely on such letter of award or proposal, however, have you ever pondered the sufficiency of such…

Performance ratio guarantee and energy output guarantee are two common types of guarantee given by the engineering, procurement, construction and commissioning (“EPCC”) contractor for the installation of a solar photovoltaic (“PV”) system. In order to determine which form of guarantee works best for you, let’s explore the concepts of both…

Basics of Power Purchase Agreement Following the continuous efforts by the Government of Malaysia to stimulate the development of renewable energy sector in Malaysia, such as the Green Technology Financing Scheme and the Green Investment Tax Allowance, many companies begin to realise the benefits of investing in renewable energy, particularly…

“Owning” a Solar Photovoltaic System: Outright Purchase or Solar Power Purchase Agreement (PPA)? Thanks to the continuous efforts from the government of Malaysia, more and more incentives and schemes such as Net-Energy Metering (NEM), Green Investment Tax Allowance (GITA), Green Technology Financing Scheme (GTFS), solar PPA etc are being introduced…

Understanding Supply Agreement with Renewable Energy (SARE) With the growing popularity of the Solar Power Purchase Agreement (“PPA”) scheme in Malaysia as an alternative approach for business owners to embark into the green energy journey, solar photovoltaic (PV) system investors (“Investor”) begin to realise that one of the biggest pitfall…

Generally, corruption is an abuse of entrusted power for private gain. Failure to tackle corruption efficiently will result in socio-economic issues such as shadow economy, inefficient allocation of resources, low-quality healthcare, and education system. According to an address by the Secretary General of United Nations during International Anti-Corruption Day 2019,…

As of 22 June 2020, Covid-19 has taken a total of 468,061 lives worldwide and the figure is increasing day by day. In Malaysia alone, 121 individuals succumbed to death due to Covid-19. The benefits of having a valid will in placed are well recognised by many individuals but when…

Liquidated and Ascertained Damages (“LAD”) is commonly found in construction contract as a pre-determined and agreed amount between the contracting parties in the event of the delay in the completion of works. The nature of a LAD clause is that once the contractor fails to complete the scope of work…

On 27 September 2019, Malaysia officially acceded to Madrid Protocol (“Protocol”), historically marked Malaysia as the 106th member of the Madrid System. The Protocol is enforced in Malaysia since 27 December 2019. Correspondingly, the long-awaited Malaysia new Trademarks Act 2019 (“TMA 2019”) also come into force on the same date. With…

First reported in Wuhan, China in December 2019, Covid-19 is a respiratory illness that causes coughing, sore throat, fever and shortness of breath. As at the date of writing this article, Covid-19 has affected 170 countries with 208,172 confirmed cases and 8,272 death, prompting World Health Organization (WHO) to declare…

Due Diligence – A Director’s Life Jacket The new Companies Act 2016 (“CA 2016”) imposes heavier sanctions for directors who breach the Act. The RM30,000 fine under the old Companies Act 1965 has been raised to a 100-fold increase to RM3,000,000.00. Hence, directors who are found guilty of breaches constituting…

In March 2018, it was reported that there are more than 300,958 bankrupts in Malaysia of which more than 60% of them aged between 35 to 54 years. If you are one of the individuals that fall within this category, read on to find out how you can discharge yourself…

The limited liability partnership (“LLP”) model is slowly gaining popularity in Malaysia due to the flexibility offered in terms of incorporation, maintenance and termination of business. Despite the easy maintenance of a LLP, it is recommended to dissolve the LLP if the LLP is no longer in operation. One of…

The Personal Data Protection Act 2010 (“PDPA 2010”) was passed by the Malaysian parliament and came into force on 15 November 2013. With the aim of regulating the processing of personal data in respect of commercial transactions, the PDPA  2010 applies to any transaction of a commercial nature which include…

A couple of weeks ago, I attended an employment seminar and some of the attendees seated next to me are either business owners and HR executives from start-ups, SMEs and leading MNC in Malaysia. Upon chatting up with them, they told me that they are quite worried in hiring new…

With the advancement of technology, business owners in Malaysia have been blessed with abundance of innovative methods to commercially exploit personal data. Recognising the importance of protecting personal data, the Malaysian parliament passed the Personal Data Protection Act 2010 (“Act”) which came into force on 15 November 2013. Despite enforcement of the…

In most tenancy agreements, a default clause on termination would normally be prescribed. The standard default clause would provide, among others, that should the tenant wishes to terminate the tenancy before the expiration of the term of the tenancy, the tenant would need pay some form of compensation to the…

A Constitution of a State has long been accepted and referred to as a ‘Bible’ for the running of the State. It regulates the powers and functions of the institutions of government, safeguards the interest of the nation and its citizens, and structures the relationship between the component State itself.…

Generally, a “without prejudice” letter is a privileged document that specifically relate to negotiations genuinely aimed at a settlement between parties in a dispute. It is settled law that letters written without prejudice are inadmissible. In the case of Malayan Banking Bhd v Foo See Moi [1981] 1 LNS 95; [1981]…

Have you ever wondered if it is worth to file a matter at court to claim for a small sum (i.e. not more than RM5000)? Why not? Sometimes it’s not just about the money, especially when you do not want these irresponsible perpetrators to get away scotch free. Most of…

In the corporate world, no matter how harmless or risky a transaction can be, we would always opt for layers of protections in order to secure our interest. As technology progresses and competition mounts, individuals and corporations are becoming more creative in protecting their interests in every transaction. From providing…

Are you currently having a bankruptcy proceeding initiated against you? Here is a way for you to “escape” from being declared a bankrupt. On 6 October 2017, the new Bankruptcy (Amendment) Act 2017 (also known as Insolvency Act 1967/ hereinafter referred to as the “New Act”) came into force together with the…

The State Legislative Assembly (“SLA”) has the power to enact a law which was restrictive or has the potential to restrict freedom of speech and expression, in order to control religious publication which was contrary to Islam.[1] The legislation is considered as a measure to prohibit the dissemination of any…

A client of mine recently asked me a question – how can I prevent my sales agent from using my brand name/ mark upon the expiry of the term of agreement with me? He has a legitimate question here and I’m sure many business owners/ employers will be worrying about…